Law enforcement officials in Virginia can inquire into immigration status of those they stop or arrest--just as they can under a controversial new immigration law in Arizona--Virginia Attorney General Ken Cuccinelli has ruled in an official legal opinion.

Written in response to a request for legal advice from Del. Bob Marshall (R-Prince William), Cuccinelli ruled that police officers and other legal authorities can look into the immigration status of anyone stopped or arrested.

A 2008 Virginia law requires that law enforcement check the immigration status of anyone taken into custody on suspicion of having committed a separate crime. Cuccinelli's opinion could expand such inquiries to those who have been legally stopped by law enforcement, for instance those pulled over for a traffic violation or at a police checkpoint.

(Coverage of the Arizona law)

Cuccinelli writes in the July 30 opinion that while local law enforcement have the ability to arrest those they suspect of committing criminal violations of immigration laws but not those they believe have violated civil immigration statutes. But he says inquiring into status is different than arresting for a violation and that law enforcement can inquire. While it is a crime to illegally cross the border, many other immigration violations are civil offense, like overstaying a valid visa.

"Virginia law enforcement officers have the authority to make the same inquiries as those contemplated by the new Arizona law. So long as the officers have the requisite level of suspicion to believe that a violation of the law has occurred, the officers may detain and briefly question a person they suspect has committed a federal crime," he writes.

In Virginia, official opinions of the attorney general are considered law unless a judge disagrees with the legal analysis after an opinion has been challenged in court.

The opinion is sure to widen a debate over illegal immigration in Virginia, where activists have said they wish to enact similar legislation to that adopted in Arizona. A federal judge has blocked key provisions of the Arizona law, including a provision that requires law enforcement to inquire about immigration status of those they have a "reasonable suspicion" might be in the country illegally. Cuccinelli filed an amicus brief supporting Arizona's position over that state's law.

(Profile of Cuccinelli)

Cuccinelli's opinion was criticized by Claire Guthrie Gastanaga, a former chief deputy attorney general of Virginia and advocate for pro-immigration organizations.

"The Attorney General has done Virginians a disservice by crafting a result oriented 'activist judge' opinion that seeks to serve his personal political agenda rather than objectively interpret the law. The opinion closely tracks the advocacy position that the AG took in his amicus brief in the Arizona case -- a position rejected by the federal judge. The Attorney General's stance largely mirrors the position of advocates for organizations, like [the Federation of American Immigration Reform], seeking to reduce or prohibit all immigration," she said in a statement.

FAIR representatives have been working with Virginia activists who want to adopt a law mirroring Arizona's.

Registered Voter...a Big talking coward..big man on FFXU...little man in life.

Round'em up and send'em home! LOL!

Vince, not sure if you have ever been to Mexico but let me give you some insight into my last trip. Prior to entry I had to provide my passport and one other form of government issued I D with photo.

I was to declare the destination of my visit. How long did I intend to stay. Who was I traveling with. The purpose of my visit. I was directed to carry my I D and passport with me at all times and government officials had the right to see my passport at anytime for any reason. Failure to provide my passport upon request would result in my arrest. Extending beyond my travel time was also grounds for arrest.

For the police here to request a persons immigration status when they are suspected of or arrested for a crime seems fair to me.

Good

-------------------------------------------------------------------------------------

And of course, the article fails to mention the fact the the judge only blocked the provisions until someone else takes a look at them in another court and rules on them. As it stands most folks believe the Arizona law will eventually pass muster since it mirrors the Federal law already on the books.

The opinion is sure to widen a debate over illegal immigration in Virginia, where activists have said they wish to enact similar legislation to that adopted in Arizona. A federal judge has blocked key provisions of the Arizona law, including a provision that requires law enforcement to inquire about immigration status of those they have a "reasonable suspicion" might be in the country illegally. Cuccinelli filed an amicus brief supporting Arizona's position over that state's law.


So it remains to be seen how the final result will play out on this one. But since the law has the support of about 65-70% of folks on general principles, it is hard to see how the AG is on the wrong side of this, other than from a few minority activists that don't like seeing laws enforced.

If you can’t model the past, where you know the answer pretty well, how can you model the future? - William Happer Cyrus Fogg Brackett Professor of Physics Princeton University

I see..so popular mob mentality is now the judge of what is good policy and what isnt....democracy at it's best....after we get rid of the the illegals...we can start on the blacks...and then the jews....onward Kristian Soldiers..fighting as to war!

Registered Voter...a Big talking coward..big man on FFXU...little man in life.

Vince(1) Wrote:
-------------------------------------------------------
> I see..so popular mob mentality is now the judge
> of what is good policy and what isnt....democracy
> at it's best....after we get rid of the the
> illegals...we can start on the blacks...and then
> the jews....onward Kristian Soldiers..fighting as
> to war!


Yesiree, especially folks that look like this

-------------------------------------------------------------------------------------
Attachments:

Vince(1) Wrote:
-------------------------------------------------------
> I see..so popular mob mentality is now the judge
> of what is good policy and what isnt....democracy
> at it's best....after we get rid of the the
> illegals...we can start on the blacks...and then
> the jews....onward Kristian Soldiers..fighting as
> to war!


Yes (R)V - that's it exactly!! Good for you, obviously that fake diploma you paid for did wonders for your ability to reason beyond wondering why the wind blows.

If you can’t model the past, where you know the answer pretty well, how can you model the future? - William Happer Cyrus Fogg Brackett Professor of Physics Princeton University

Hey look ^ ^ ^

The temperature says 58° outside and that monkey is not wearing a shirt.

==================================================================================
"Why don't you LOSERS just pack your flower print DOUCHE BAGS
and get your stoopid @$$#$ THE FUCK OFF MY INTERNETZ!"

- 'philscamms' (the YT Watchdog) ; internet & YouTube® extraordinaire.

Troll@AOL Wrote:
-------------------------------------------------------
> Hey look ^ ^ ^
>
> The temperature says 58° outside and that monkey
> is not wearing a shirt.


It's an Arctic Ape, a new breed straight out of the hoods of Alaska.

==================================================================================================
"And if any women or children get their legs torn off, or faces caved in, well, it's tough shit for them." -2LT. Bert Stiles, 505th, 339th (On Berlin Bombardier Mission, 1944).

Troll@AOL Wrote:
-------------------------------------------------------
> Hey look ^ ^ ^
>
> The temperature says 58° outside and that monkey
> is not wearing a shirt.


Monkey? Thats the costume your wife wears after I fuck her and send her home to you..she says thats the only way to get your dick hard.

Registered Voter...a Big talking coward..big man on FFXU...little man in life.

That's NOTHING compared to seeing your mother wear that mask while I'm hit'in it from the back. Really brings out the 'BEAST' in me!

==================================================================================
"Why don't you LOSERS just pack your flower print DOUCHE BAGS
and get your stoopid @$$#$ THE FUCK OFF MY INTERNETZ!"

- 'philscamms' (the YT Watchdog) ; internet & YouTube® extraordinaire.